New York Consolidated Laws, Correction Law - COR § 140. Provision for routine medical, dental and mental health services and treatment

1. Where an incarcerated individual who is not yet eighteen years of age has been committed or transferred to the custody of the department and no medical consent has been obtained prior to commitment or transfer, the commitment order shall be deemed to grant to the minor the capacity to consent to routine medical, dental and mental health services and treatment to such an individual.

2. Subject to the regulations of the department of health, routine medical, dental and mental health services and treatment is defined for the purposes of this section to mean any routine diagnosis or treatment, including without limitation the administration of medications or nutrition, the extraction of bodily fluids for analysis, and dental care performed with a local anesthetic. Routine mental health treatment shall not include psychiatric administration of medication unless it is part of an ongoing mental health plan or unless it is otherwise authorized by law.

4. Nothing in this section shall preclude an incarcerated individual from consenting on his or her own behalf to any medical, dental or mental health service and treatment where otherwise authorized by law to do so.